No. 21-6594

James A. Hald, et al. v. United States

Lower Court: Tenth Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: compassionate-release criminal-justice-system criminal-procedure district-court-discretion due-process extraordinary-reasons federal-prisoner-rights federal-prisons sentencing sentencing-reduction statutory-interpretation
Key Terms:
FirstAmendment
Latest Conference: 2022-05-19 (distributed 2 times)
Question Presented (AI Summary)

Whether, under 18 U.S.C. § 3582(c)(1)(A), a district court must first determine whether 'extraordinary-and-compelling-reasons' warrant such a reduction as a threshold eligibility inquiry, or whether a district court can deny a motion for a reduced sentence without resolving this issue at all, but instead by finding that the applicable-sentencing-factors in 18-U.S.C.-§-3553(a) do not warrant a reduced sentence

Question Presented (OCR Extract)

QUESTION PRESENTED Under 18 U.S.C. § 3582(c)(1)(A)G@), a district court may reduce a term of imprisonment “after considering the factors set forth in [18 U.S.C. §] 3553(a) to the extent that they are applicable,” but only “if it finds that .. . extraordinary and compelling reasons warrant such a reduction.” As initially codified, only the Bureau of Prisons could move to modify a federal prisoner’s sentence, but it rarely did so. In response, in December 2018, Congress amended the statute to permit federal prisoners to file their own motions. This amendment has resulted in significant litigation, but the lower courts have split multiple ways over the statute’s meaning. At present, this Court has yet to interpret the statute. The question presented is: Whether, under 18 U.S.C. § 3582(c)(1)(A)Q), a district court must first determine whether “extraordinary and compelling reasons warrant such a reduction” as a threshold eligibility inquiry, as multiple Circuits have held, or whether a district court can deny a motion for a reduced sentence without resolving this issue at all, but instead by finding that the applicable sentencing factors in 18 U.S.C. § 3553(a) do not warrant a reduced sentence, as the Tenth Circuit held below. i

Docket Entries

2022-05-23
Petition DENIED.
2022-05-04
DISTRIBUTED for Conference of 5/19/2022.
2022-05-03
Reply of petitioner James Hald, et al. filed. (Distributed)
2022-04-15
Brief of respondent United States in opposition filed.
2022-03-02
Motion to extend the time to file a response is granted and the time is further extended to and including April 15, 2022.
2022-03-01
Motion to extend the time to file a response from March 16, 2022 to April 15, 2022, submitted to The Clerk.
2022-02-11
Motion to extend the time to file a response is granted and the time is extended to and including March 16, 2022.
2022-02-10
Motion to extend the time to file a response from February 14, 2022 to March 16, 2022, submitted to The Clerk.
2022-01-13
Response Requested. (Due February 14, 2022)
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

James Hald, et al.
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent